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West Memphis 3 /// A Harvest of Innocence /// Part 2

May 08, 2024 / 01:01:36

This episode discusses the West Memphis Three case, featuring guests discussing the wrongful convictions of Damien Echols, Jason Baldwin, and Jesse Misskelley. Key topics include the investigation, confessions, and the impact of the satanic panic.

The episode features insights from legal experts and those involved in the case, including discussions about the coerced confession of Jesse Misskelley and the lack of evidence against the accused. The guests reflect on the trial's shortcomings and the role of the media.

Listeners learn about the psychological aspects of false confessions and the implications of the case on the justice system. The conversation highlights the ongoing quest for truth and justice, as well as the emotional toll on the families involved.

The episode also touches on the potential for new DNA testing and the possibility of identifying the real perpetrator. The guests express hope for justice and the importance of perseverance in the face of adversity.

Overall, the episode provides a comprehensive overview of the West Memphis Three case, emphasizing the need for continued investigation and the impact of societal beliefs on legal outcomes.

TLDR

The episode covers the West Memphis Three case, discussing wrongful convictions, false confessions, and the quest for justice.

Episode

1:01:36
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visit dve Thomas foundation.org SL learn [Music] moreis West Memphis [Music] 3 Damen Eck Jason Baldwin Jesse Miss
00:01:17
Kelly West Memphis [Music] 3 they were just 8 years old Steven Branch Michael Moore and Christopher
00:01:27
buers found murdered hog hi and naked in a drainage dit in West Memphis West Memphis
00:01:40
3 the state stands behind the conviction for my understanding there were two Jason bals I've always wondered
00:01:51
When Miss Kelly's giving this coerced confession do do you think that that he was speaking speaking of the Jason
00:02:00
Baldwin that that that they arrested or you think he was just speaking to the whatever persons they were going to try
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to no we he he knew exactly what he he was saying and the reason he said it was because that's what the cops wanted him
00:02:15
to say and Jason and Damian were inseparable they were like a joined twins literally I mean they did
00:02:23
everything together and but they weren't very much alike but it doesn't forgive those attorneys for not putting on an
00:02:30
alibi defense had an alibi are you able to take us through that a little bit the
00:02:35
AL yeah because I that was the one day I was at trial uh when the jury after the
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jury went in the uh Jury Room I I wanted to see what was going to happen obviously because I was thinking there's
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no way surely to God they're going to convict these guys because there's no evidence and um so uh I was stunned when
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they came back you know and the judge read the verdict and asked Damian if he had anything to say and my recollection
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was he said No in fact I think he just shook his head no and the judge made him say it out loud I remember very clearly
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Jason saying yeah I'm innocent right that was the only two or three words that he got to say during
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the entire trial and he begged his lawyers to let him testify and they wouldn't do it they didn't put on any
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defense it's like they were scared to have their own trial the jury would have seen like you were talking about between
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the the the contrast between Baldwin and Eckles that that would have been apparent and obvious to the jury that
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these are two very different personalities had had baldman taken the stand for people who it's sort of like
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having a losing a child it's it's something if you've never experienced it um it's hard to understand but let me
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try to make it understandable and it's probably it's it was one of my goals in the book to do
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that and I may have failed miserably but uh I wanted to explain to them just how
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bad the satanic Panic was and in this day and age of fake news and the Deep State theories and all these crazy
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Notions on on the internet uh um back then it was devil worshiping and this was a Satanic ritual and U that was
00:04:28
their Theory and and uh they stuck with it until they uh found their scapegoats and Damian was the prime suspect because
00:04:38
he was the standout he if it was 101 degrees and 100% humidity outside he wore a black trench coat black pants and
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uh combat boots and a black t-shirt underneath the way that that persons try to tell this story on the Internet or on
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different podcasts that that claim to have a great understanding of the cas is they they make it sound like Jesse just
00:05:01
willy-nilly all sudden decided oh I'm just gonna I'm just talking and telling and having a good time and telling a
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telling the story how it happened and no a lot of that was people pulling this out of him and setting him up to fail
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miserably our psychologist called it cheating to lose Jesse will agree with anything you say just because he's
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trying to hide his uh intellectual disability um I started out as I stated in the book I got first person I call
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was Park DEET because of the dmer case uh he was the The Shining Star in criminal psychology at the time and I
00:05:43
knew if he read this confession that that um he would be able to punch holes in it but he wouldn't even talk to me
00:05:50
till I wrote him a check for $155,000 right and I didn't have 1500 uh to do that or 150 probably at that time
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so we ended up with um not the best but the worst if I had been smart enough to read John grisham's book A Time to Kill
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I would have thought to ask my psychologist if he had a damn license or not and he didn't so it was like a
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nuclear bomb going off in the courtroom the guy lied to us when we confronted him about it brunette wouldn't give us a
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continuance to find somebody else to evaluate him naturally the kids never had the best of anything in his life
00:06:31
except for Richard offet and Warren Holmes and some may say myself but but um uh I started at the top everywhere I
00:06:41
went and I'm I got the best person on the planet for false confessions and I got the best person on the planet for
00:06:49
polygraph which Miss Kelly passed but brette wouldn't let in even though there was case law from the Supreme Court
00:06:56
including an Arkansas case that said any evidence tending to show the innocence of the client is admissible but he
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wouldn't let it in naturally well and you were outside of being an attorney you were you were teaching law for a
00:07:13
period right um yes um I I taught criminal justice and the Constitution and a Sociology class uh to and and I
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think that's how you know you had to once you take your anger out I think think that that's how you have to kind
00:07:31
of deliver the story of like a teacher would standing in front of the class it's this is this is the way it was yeah
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what happened thought of that uh that's a good point um very astute uh and and you know the day the Alfred plea even
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though I didn't understand it I felt like the world have been lifted off my shoulders um and then Pam Hobs and and
00:07:58
um uh Mark buers Mark buers I'm sorry U it's been a long week and a long day but
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um they both came up to me in the courtroom and made me promise that I'd find the real killer so I went from
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being done with this nightmare to the nightmare starting over again but what could I say so here I am all these years
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later looking for a killer I've actually got a suspect well and let's let's go down let's table that for a second but
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because we brought Mark buers he in my opinion I you know I hate that I mean the whole let's let's let's try to
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I'll try to make light of the situation as best one can given the the severity of everything obviously but Mark buers
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to me is somebody that could have had his own reality TV show you know you could just put cameras and follow this
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guy around and he he's you can't take your eyes off of him for whatever reason he's a kind of stole the show if you
00:09:06
would during the paradise loss stuff but you met him several times what was your first encounter with Mark buers
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like well it was still in the day when I was convinced absolutely convinced that
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he was the one who killed the kids and um I was doing a live feed uh from New York on court TV about uh Daman Eckles
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rule 37 hearing I completed my segment and buyers was next and so this was the first time I'd been within you know 50
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ft of him uh Striking Distance yeah exactly or shooting distance yeah yeah might be a better way to put it um he
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came up to me and um took my hand and uh I thought he'd broke my hand I really did um and I took that as a warning to
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back off to say he's a big boy would be an understatement I'm a very large human
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[Music] being uh but I'm a dwarf compared to him and it felt like his hand wrapped around
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mine twice when he squeezed it and uh I literally thought he had broken my hand and I took that as a warning to back off
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and of course I didn't back off and wouldn't because I had a duty to my client he and I actually you know by the
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time we met again we were on the same team um and um I think he realized that you know that was pretty stupid of me to
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act like the the clown on Paradise Lost too because it drw a lot of attention towards me I think they I think they
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kind of wound him up a little bit though I'm sure they did and the second film was no there's no question about it
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there was an advocacy film for the West Memphis 3 by then and which almost didn't happen HBO was threatened to be
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sued by the Hobs family for for uh making another film and uh they they almost canned it to make the third one
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no the second one the second one what why would why would the Hobs family go after them to cancel the second because
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this makes them relive it every time uh something else comes out and and I'll go
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ahead on the record and apologize for that happening again um and I don't completely understand their pain because
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they had 8-year-old who passed away my kid was 34 but I do understand better than I did then and um it's it's
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horrible and and I but I remember because I found it in my file when I was writing the book I didn't put it in the
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book but uh I actually remember writing a letter to the executive producer at HBO uh Sheila nans
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begging her to let this come out let the truth come out and let let the film come
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out and of course uh as it turns out I ultimately determined buyers couldn't have done it because I could account for
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every second of where he was uh at the time of the murders when when I saw that in your book I jumped off of my couch in
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celebration because he was an easy he didn't do himself any favors like he looked guilty camera and but but one
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thing we did when we covered this case on True Crime garage back in 2016 and we did everything we could in
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two weeks time to pull together all the information on the confirmed timelines of the night that they went missing up
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until past the the time that the boys were found and and we pulled all several sources to confirm everything and one
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thing that we said at the end of those three hours of our coverage of the case we said we can't tell you who did it we
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can tell you who didn't do it and one of those persons is Mark buers because we could not find a we could not find more
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than a three or three to five minute Gap anywhere that timeline that he was that
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he was alone and and so as guilty as he looked on camera in Paradise Lost 2 he just
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simply couldn't have done it and and and and to hear somebody of your level and expertise to say the same thing I felt I
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felt pretty proud of myself in that moment well you nailed it you definitely did uh for sure and one of the best
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parts of Paradise Lost 3 um Purgatory I believe was the name um y was the David Letterman's top 10 reasons
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why I didn't do it and Terry Hobs did uh why do you think that that this is something I've always struggled with why
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the hell didn't West Memphis PD pull in a bigger outfit to take on this case in your opinion this I I get
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this will strictly be opinion but well mar mar lever has pointed that out and I don't know if it was in Devil's not I
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think it was there was might have been her subsequent book potential Shady activity
00:14:25
going on yes there was um not potential it was actual uh the FBI set up a sting uh the
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Greyhound uh Park uh in West Memphis and someone faked a 911 call and said there's a drug deal going down in the
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parking lot and the drug task force that Brent Davis had exonerated earlier one of the prosecutors uh the chief
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prosecutor and um he had said he looked into it and everything was fine and dandy uh but the feds came in
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and set up this thing and all these guys show up and what what do you know some of the
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money doesn't get reported to the evidence uh locker and some of it was found in uh a shoe box under an
00:15:20
officer's bed that the bills were marked and uh so at the time of the murders the
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Arkansas State Police police who who are much better equipped to handle major crimes because that's what they
00:15:35
do um The West Memphis Police wouldn't let them in because they were pissed off they were being investigated and there
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were convictions now I will say this out of fairness the the officer who had the
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money under his bed must have had the best lawyer and he is a good lawyer because I know who it is it Bill Bristo
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uh from Jonesboro he got acquitted of that even though the money was under his P
00:16:03
so how about hats off the bill uh is everybody knows he's a great lawyer but uh I I don't know how he pulled that one
00:16:11
off and meanwhile we say you know then calling a bigger better outfit with more resources
00:16:18
which they should have done I mean th this type of crime is extremely rare I mean I that's all I do for the last
00:16:27
eight years is cover Crime Story stories and I cannot think offhand of another situation where there's well other than
00:16:38
the yogurt shop case down in Texas Yeah Austin that's anything similar and so it's extremely rare but but meanwhile
00:16:48
they do contact the FBI John Douglas Ken Lanning and the two of the experts I mean if there was a mountain of experts
00:16:56
these guys are at the top of it and these guys are saying Satanic ritual killing no doesn't doesn't really exist
00:17:06
doesn't truly happen and yet they pursued this Avenue instead well they had to CU they were stuck was mis kill's
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confession they couldn't come in and say oh we made a mistake we're still going to try them anyway and that's
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fascinating because um that that's that is in my book and and um sitting here at
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my desk probably writing the book um a couple years ago and I get this text message
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from a friend of mine uh um actually it was my Prosecutor's wife Kimberly warmouth and she said I can't even
00:17:43
listen to an honorable audible book without your name being mentioned and I said what are you talking about and she
00:17:49
text back and said John Douglas uh talks about you in his book and I said what are you talking about and I didn't know
00:17:59
the cases that haunt us I believe is the one uh it's sitting right here in my bookshelf let's see law and disorder law
00:18:06
that's correct law and disorder and I think you're probably mentioned in the cases that haunt us as well well I need
00:18:12
to look that up I because I didn't know about that one either you know John Douglas worked on the case with us uh he
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was brought in primarily by Peter Jackson and Fran Walsh um who spent Millions probably their own money to to
00:18:31
uh basically give the West Memphis free the trial they never had that was the purpose of their
00:18:36
documentary the story goes according to uh because I ordered the book immediately and it took about three or
00:18:42
four days to get here and and I opened it up I didn't read the whole book I just read the part about the West
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Memphis 3 and and he talks about uh going returning from Arkansas and I think he mentioned since about how hot
00:18:56
it was there uh which was true and he ran into Ken Lanning and he said hey Ken uh I was told that the prosecutors in
00:19:07
the west Memphis case actually called for help and uh do you remember anything like that and Ken Lanning who had
00:19:15
debunked the the theory of Satanic ritual homicide told him that if you try the case that way you'll be laughed out
00:19:24
of the courtroom and of course they didn't get laughed out of the courtroom because we're in the middle the Bible
00:19:29
Belt and everybody takes the Bible literally and believes in Satan I'm not I'm not mocking anybody's religion but
00:19:37
I'm just saying people in the Bible Belt react differently than other people other other places so um which added to
00:19:45
the satanic panic but but uh and he said Ken said the next thing I knew I'm reading in the paper they were all
00:19:52
convicted Douglas thought that was hilarious that the the prosecutors uh had called and and um and
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Ken Ken said he said well did they ever call you back he said no they didn't call me back and uh they did the same
00:20:08
thing in the John Benet Ramsey case uh they the FBI told them what they thought and they didn't like the FBI's uh the
00:20:16
prosecution didn't like what the FBI was saying exactly just the same thing as in
00:20:20
the west Memphis case so and to put it in perspective a little bit and this may not re this a lot of persons listening
00:20:28
today especially the younger audience may not know what this means but you know I was looking up a lot of the local
00:20:35
newspaper articles going on at the time in early May and early June of 1993 in your area and I couldn't help but notice
00:20:45
coming across a June 3D 1993 big advertisement for Billy Graham TV special titled the value of a soul
00:20:56
was going to be on that night at 7 p.m on W channel 3 and and that's what three four days before Jesse M Killy gives the
00:21:08
the so-called confession to the police and you know you have Billy Graham TV evangelist on on the local network there
00:21:17
delivering the special the value of a soul so it yes I mean it's it we had a little bit of that uh in the early 990s
00:21:25
here in Ohio again I was very young so I don't have great understanding of it but
00:21:30
uh I could only imagine how much stronger that was in the South it was palpable and it's like I told Eddie
00:21:40
veter at our meeting our first meeting um you know somebody like Daman Eckles if you go to New York or La there's aund
00:21:49
of them on the sidewalk walking down the street Gothic and you know the dark makeup and all that jazz and and uh but
00:21:59
that doesn't happen in Northeast Arkansas not even in Memphis um so uh he he stuck out like a swore of thumb
00:22:09
and he was the perfect py well and he and he was young and dumb enough that he liked kind of sticking out oh he he
00:22:16
toyed with the cops like he played with him and said asked him what what do you think the killer would be thinking at
00:22:23
the time that he was doing this and the answer was real spooky and and it's just
00:22:29
you know the kid did not do himself any favors and he understands that now and and I haven't seen him since Bruce sow's
00:22:38
Memorial um at the Lincoln Center uh back in 2015 I believe um gosh it didn't seem like it was that long ago but it
00:22:47
was he's changed a tremendous amount um and of course you know how could you not
00:22:53
be affected by 18 years and 78 days in a 10x1 concrete tomb uh with nothing to do one hour of
00:23:03
being outside with nothing to do uh I don't know how he survived it but um he he U he said something about
00:23:13
uh I was wearing a tie and he said he said hey Dan are we supposed to get dressed up for this and and and I said I
00:23:21
said I I don't know this is just the way I dress when I go places and because I didn't want to embarrass him um
00:23:28
and um but I could tell it it freaked him out so I mean it just um and who wouldn't be I really genuinely feel
00:23:37
sorry for him and uh I hope some of these people are right and and maybe maybe my book did have some impact on
00:23:45
Arkansas Supreme Court's decision to send it back to the trial court for rethink the concept of uh testing the
00:23:54
the evidence with new DNA technology and of course what's good for Damian Eckles
00:23:59
is good for Jesse Miss Kelly and Jason Baldwin so we've got a partial DNA in fact um there's just not enough markers
00:24:09
to put it in codus we can exclude people but not include them so maybe this will
00:24:14
get us to where we need to be and here we here we still have the state of Arkansas fighting us tooth and nail I
00:24:21
say us because I considered all all of us in this together even though you know I'm a judge I don't practice law anymore
00:24:28
but here they are their first story was uh the evidence was lost in a flood and then the second story was it
00:24:37
burned up in a fire and then suddenly it magically reappeared um and the evidence room of
00:24:43
all places um and so I mean they just they will not accept the fact that these kids didn't do it because it's going to
00:24:53
make them look like what they are and that is people who put the wrong people in prison and don't want to admit
00:25:01
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said the flood and I don't know if this is the situation there but I've run into
00:29:41
this situation many times talking to detectives on cases that we cover especially old cases cold
00:29:48
cases why does the evidence room always seem to be in the basement of the building right the the the the location
00:29:55
that would be most affected should there be a flow blood well they said that they
00:30:00
moved it to a different location to store it which really they didn't have any obligation to keep it at all because
00:30:07
the case is legal conclusion so um so they said it was off site and then then they suddenly found it uh in in the
00:30:18
evidence room and they moved the police station after the trials in '94 sometime
00:30:25
after that uh to an old Bank building that had gone out of business and so the evidence room was actually the bank
00:30:33
vault so uh it was well protected in there but they denied they had it because they didn't want to deal with it
00:30:41
I'm still speaking without having had the benefit of reading the full opinion but um it looks like they're going to
00:30:48
get to test the evidence to me and that could have huge ramifications for the case to give those people out there who
00:30:55
are on the fence or who are or who are completely convinced that they're guilty let me ask them a question and that
00:31:03
question is do you think that three kids accused of murdering three eight-year-old kids would not roll over
00:31:14
on each other right that doesn't happen in real life right and and in confession
00:31:19
air quotes confession aside that's the thing that I try to point out because there's people that that do say well
00:31:25
Jesse Melly can confessed five six seven however many times he but as far as I'm
00:31:31
and yes that does that does muddy the waters a little bit but he could as far as the as far as courts go
00:31:40
he could he could have confessed a thousand different times but he never was willing to do it in court when he
00:31:47
was offered deals and the reason for that was is people who have Mr U have this and it's a sort of unique
00:31:59
trait for people that have Mr they believe they cannot tell a lie in a courtroom they can lie on a Bible
00:32:08
sitting at the assistant warden's office at prison in front of me um U I've seen
00:32:14
people ly on the Bible before he wasn't there he never was there because when I showed him the the police map of where I
00:32:24
had him I told him I needed a Bible and I needed a crime scene map and to Wi out
00:32:29
where the bodies were located and I finally got that and I asked Miss Kelly to point to where the bodies were
00:32:36
located and he pointed to the large pipe that goes across the 10mile Bayou because that came up so many times
00:32:42
during the trial he was just guessing again all he was doing and so um but when it got down to to are you going to
00:32:51
testify or not he said I I can't lie on those boys no more cuz uh he he couldn't
00:32:56
lie in court because mentally handicap people think that that's a mortal sin it's like a little child right the child
00:33:04
the child wants to please the person they're interacting with and it's almost like he wants to provide an answer
00:33:13
that's the answer that you are seeking rather than the true answer exactly and and uh Tim dering who was our
00:33:20
postconviction forensic psychologist he's the one who interviewed Miss Kelly and and provided
00:33:27
his findings which changed my whole impression of what Jesse Miss Kelly was capable of intellectually I mean it
00:33:35
shocked me because I had no experience whatsoever in dealing with people who had Mr or who were intellectually
00:33:42
challenged I I you know I couldn't understand and it actually frustrated me that I couldn't understand why can't
00:33:49
this kid get the story right and according to um Dr dering people with Mr believe they can't tell lie in the
00:33:58
courtroom but they can lie anywhere else they want to but they can't do it in the
00:34:02
courtroom and in reading that in the transcript I uh I called Jason Baldwin one night he didn't answer but he called
00:34:10
me the next day and he said I said I heard they offered you five years to testify against Damian and he said yep
00:34:17
they did a a prison sentence of five years yes they offered me five years to testify against Damian but I told him
00:34:26
just just so everybody out there listening completely understands he's facing what life in prison or the death
00:34:33
penalty or the death penalty and instead he's offered five years to turn on his friend for something that the state or
00:34:42
at least the prosecutors are convinced that he is guilty of and we know he doesn't five years he doesn't take the
00:34:51
5year deal I told Jason after he confirmed that I said you do understand that would have basically been time
00:34:59
served he goes yeah that's what they told me and I didn't take it and he was willing to spend another five years
00:35:09
waiting to get a new trial if necessary so that he could be exonerated but instead he sacrificed himself just like
00:35:16
I did when I fell on my sword at the rule 37 and told the truth the other lawyers said oh no we did this because
00:35:23
it was strategy and we did a good job and uh but I was the only one that told the truth let me ask you this while
00:35:30
we're talking about doing the wrong thing and you can give me a short answer long answer or you can say Nick I'm a
00:35:36
judge I don't feel comfortable answering that question okay this sounds like it's
00:35:41
going to be exciting do you think or have evidence of that somebody at the West Memphis Police Department sold
00:35:51
Jesse Miss Kelly's so-called confession to the commercial appeal the newspaper no I could never find it uh I firmly
00:36:00
believe that it happened I looked for it I did how I mean how else could they got
00:36:07
there's no way that they I so I did a word count on the newspaper article of of Miss Kelly's confession on the June
00:36:16
June 7th 1993 Commercial Appeal it's the headline on the front page it's 1627 words about it's practically his
00:36:26
whole damn conf ession printed in the news it taints the jury pole any possibility jury absolutely so you're
00:36:34
confident saying you we we think I think somebody sold it right there's probably
00:36:39
some money that exchanged the only motive for doing that other than money was to get that information out there to
00:36:47
taint the jury pool oh that's true and the only people who would have had that motive would be G somebody who just
00:36:54
walked by and saw setting on the transcripts that on a table uh maybe a secretary or somebody at the police
00:37:02
department or even a victim's parent which I don't believe I think it was a cop but I can't prove that I wish I
00:37:10
could the closest I ever came was uh I was involved in a panel discussion with Mara Levert and the former editor of the
00:37:20
Midsouth uh Commercial Appeal uh and um which is now def F they're out completely out of business newspapers
00:37:30
are a thing of the past pretty much I asked him directly I said did you purchase that from a police officer or
00:37:38
anybody else and he looked at me and his body language is the answer he did buy it
00:37:47
from uh somebody a cop but he wouldn't answer the question but um uh of course he didn't have to answer the question
00:37:55
but just asking it and seeing his response was enough for me to know that he bought it from somebody otherwise it
00:38:01
wouldn't have been copyrighted it's very rare for a true Crim store to be copyrighted Yeah by a newspaper in fact
00:38:09
I've never seen one to be honest with you they're like unicorns we already talked about Mark buers but obviously
00:38:16
you've met all six I'm guessing all six of the parents of the victims I've never met or
00:38:23
spoken to Mr Moore or his wife um they seem to be the two that are most kind of removed from everything right
00:38:34
yeah and you got to remember and of course um you're in Ohio I'm in Arkansas but you know the OJ trial I I use as an
00:38:45
example here is a case that they changed the venue to a larger courtroom to accommodate the press and the live
00:38:55
coverage of the trial by doing so they increased the number of uh African-Americans uh in the jury pool
00:39:04
mhm the riots were I think the year before 92 and and um I guess that was Rodney
00:39:14
King and all that stuff Y and so you had a jurry pool in in La who were very distrustful of the
00:39:25
police and in Arkansas saw people will buy a cop their lunch or uh restaurants will give them free coffee or food uh
00:39:35
and everybody believes that the cops are your best friend and for the most part they are but there are some who aren't
00:39:44
so we you know to to compare those juries um we had a jury that was distrustful of the police then we had
00:39:51
Mark Ferman who uh said he didn't use never use the nword but they had him on tape saying it repeatedly m in our case
00:40:00
we had a jury pool who believed everything the police would tell them the sky was green and had yellow polka
00:40:07
dots right so it's two different situations and I think I pointed it out in the book that I think both juries got
00:40:15
it wrong for the wrong reason yep it's it's just um and of course in any case whether it's high-profile or not a jury
00:40:24
is only as good as the evidence in front of it and berett would not let us put on our
00:40:29
case because he knew what would happen uh we almost won the case we had five votes for AC quiddle in the first round
00:40:38
of voting in the Jury Room wh- which is amazing considering the circumstances yeah exactly had Dr as been permitted to
00:40:46
testify you and I might be having the same conver conversation but it would have been 30 years ago
00:40:54
now and I and I would be a killionaire with the yeah oh yeah of course but with the parents of the
00:41:05
victims from my general understanding it sounds like of the six that likely maybe three of them were
00:41:15
swayed the other way of thinking that the West Memphis Three were innocent eventually mark buers his wife is hard
00:41:23
to say because unfortunately she passed away years ago Pam Hobs of course uh has
00:41:29
been very vocal at times saying that she believes that the the West Memphis 3 are
00:41:35
Innocent but the Moors seem to from my understanding still believe that they're guilty and of course Terry Hobbs as well
00:41:42
maybe Dana mo may have wavered on that a little bit at times I I don't know she did um but I never spoke to her I did
00:41:52
speak to Terry Hobbs one time I've I've actually spoken to Terry Hobbs uh couple
00:41:57
he he said that he would do an interview with me if I sent him the questions in advance and I sent what I did was I sent
00:42:04
him the same questions that the FBI said to ask every every person that you interview to the West Memphis 3 because
00:42:13
because I thought well I'm sorry to be laughing but that's that's hilarious is that well I thought it was a good idea
00:42:19
because no I think it's brilliant like I'm not trying to put any of the parents through anything but it's like well
00:42:25
these were the questions we were asking people that we knock on the doors of but
00:42:28
we I've been doing this long enough to know that the younger the victim the smaller their Social Circle the Le you
00:42:34
know the the less suspects you have and so I and he told me I'll answer any question you give me so I sent him the I
00:42:43
sent them the same ones that the FBI told the West Memphis PD to ask everybody they encounter the same
00:42:50
questions that Jesse Melly would have answered and Damen Eckles would have answered and well I I was going to say
00:42:56
between me and but there's going to be 100,000 people that hear this all of a sudden a family emergency came up and he
00:43:03
we never did the interview he couldn't make it yeah yeah but anyway you you said you you talked to Terry I did I had
00:43:10
I had a strange encounter with him during the second trial I I didn't go in the courtroom because there was a live
00:43:17
feed in the hallway and so I was just kind of watching uh just because I was curious obviously and I stepped out of
00:43:25
the courtroom to go back to parag where I live um and and um he approached me and at first I thought uhoh I'm going to
00:43:34
fixing to get cussed out here uh right he's not a very big fellow I wouldn't worry about my safety but um he came up
00:43:41
to me and quite graciously said hey I think you did a good job for Miss Kelly and I know you're just doing your job
00:43:49
and uh was actually very kind and I and I was stunned by that not stunned surprised I was stunned when his DNA
00:44:00
link showed up on the shoe strings of Michael Moore that that that was that was a shock well let me interrupt you
00:44:08
here for a second because I was trying to find this the other day and and you you probably won't know it off the top
00:44:14
of your head but I was I remember six seven years ago when I was looking at this case that the the boys
00:44:23
of course they're tied up with the shoelaces but they're not necessarily up with their own shoelaces right like some
00:44:29
of them were tied up with with another boy's shoelaces I only go down that road because I think obviously like it
00:44:38
wouldn't be out of bounds to find something of Terry hobb's DNA at that scene especially when Stevie
00:44:47
Branch who lives with him 247 in the same house but then it's a different victim
00:44:54
Michael Moore but I I don't call offand whose shoelaces tied up Michael Moore I do
00:45:03
recall it was Michael Moore's okay percentagewise less likely that you would find Terry hobbs' DNA on Michael
00:45:10
Moore shoelaces let me answer the question this way and um there's more evidence against Terry Hobbs than any of
00:45:20
the West Memphis 3 yes and uh but do I think Terry Hobbs did it no without some proof I don't I think we're dealing with
00:45:29
a serial killer I get why a lot of people have kind of turned on Terry Hops and and I know you said you were kind of
00:45:37
surprised and yes you're surprised because I don't think you're saying you're you were surprised by his
00:45:42
demeanor toward you because he's under suspicion I think you're saying that because you were surprised by his
00:45:50
demeanor because he you're helping trying to exonerate the persons that were accused of of the cribes yeah I
00:45:58
mean that that's that that whole that whole encounter has really kind of haunted me all these years um he he was
00:46:05
very nice when he spoke with me and not that that means anything but well he he does have a History of Violence he shot
00:46:11
Pam's sister or her brother I think right or her her sister her brother yes uh his
00:46:19
brother-in-law and and he got out of it of it by essentially saying well I'm a victim of the West Memphis 3ks and but
00:46:28
those two had a volatile relationship don't you think they did they did and and um there's no doubt about that but
00:46:36
you know I'm I'm I'm not going to point the finger at Terry Hobs at this stage in the procedings
00:46:43
because I don't think there's enough there not yet there may be after we get some more DNA testing done well let's go
00:46:51
down the serial killer route all right you want to expand on that do you feel comfortable expanding on that a little I
00:46:57
mean there were other child murders in the area and obvious and what what is so bizarre is some of them took place in
00:47:05
May and I'm not a big believer that these that it's like on TV or the movies where these killers operate on a
00:47:12
calendar so to speak or or fascinated by numbers or anything like that but do you
00:47:18
think that it that this really involves the the Blue Beacon and the traffic through the air
00:47:27
or do you think it's somebody very local if you look at the crime scene overhead
00:47:32
map um or this the sketches that were made by the police um that truck stop was immediately adjacent to the place
00:47:43
where they found the bodies in the wooded area you could literally throw a baseball so if you parked up against the
00:47:51
back and in the photograph that HBO took um it shows the the trucks backed up as
00:47:58
far away from as they could get from anybody else in the parking lot which is someone like 10 acres or or maybe more
00:48:06
and uh which means they didn't want to be bothered for whatever reason I don't remember whether I addressed this in the
00:48:12
book or not I've slept a couple times since then not many but a few those shoelaces were tied in such a
00:48:20
way that I don't think they were designed to keep them from running or getting away I think they were designed
00:48:28
as carrying handles because you had left foot to left ankle right or what am I saying left wrist left to left right to
00:48:36
right you think you think they were killed elsewhere I do I do there's uh there no blood at found there would had
00:48:44
been a tremendous amount of blood different location or in the back of empty 18wheeler or in the cab of an
00:48:51
18wheeler the best job to have if you're a serial killer is a truck driver so that you can be six states away by the
00:48:58
time they find the bodies and there's no connection and the FBI has told us that
00:49:02
for for years since the 90s in fact and and so you think it was somebody you lean toward the idea that it would have
00:49:10
been somebody that was not local that that would have had the ability to move on very quickly yes I do and and do you
00:49:19
have anybody in in particular I do but I don't want to share that because I don't
00:49:25
want uh to comped my investigation but but it would be a name that persons that that would be it it would be a name that
00:49:34
what is not in the Paradise Lost movies or not in West Memphis 3 books I've never spoken anyone about it without an
00:49:44
NDA agreement right um and and um but I I can place a over the road truck driver
00:49:54
in the area the immediate area who confessed to killing someone and told the police exactly where the body would
00:50:03
be found and it was found exactly where he said it was in 1992 do you does it have anything to do
00:50:11
with the Bojangles no I don't think so at all do you think that's one of the biggest missteps in this whole I think
00:50:18
it was and and I'm not saying this because I for the truth of the matter asserted I'm saying it because I believe
00:50:27
that is why that blood never made it to Little Rock to the crime lab because uh they didn't want it to uh match anything
00:50:36
because they already had their three guys wrapped up that's just my belief but um I find it strangely coincidental
00:50:45
and I really don't believe in coincidences you on the night that the kids come up missing
00:50:51
and the patrol is out uh looking for these three kids and uh they get a call from a fast food
00:50:59
place saying hey this guy just stumbled into our lady's restroom and bled everywhere in there and saturated a roll
00:51:08
of toilet paper with blood Left Behind Some bloody sunglasses which would have had fingerprints on them and the cop
00:51:15
pulls through the dter and says n throw it away we don't care and so by the time
00:51:20
they found the bodies the next day they suddenly cared enough to come and take the blood sample but Brian rids
00:51:25
testified that lost it and never got sent to the crime lab because by then they had their guys and they had their
00:51:31
story and they had to stick to it even though the FBI told them they were full of however you want to phrase it again
00:51:39
I'll if if you give me the answer Nick I'm a judge and I don't feel comfortable answering this question I I I'll be fine
00:51:47
with that but what do you think and I know this is pure speculation complete absolute speculation and it's probably
00:51:55
not fair that I'm asking this but you're you're you I I've met Jason Baldwin very
00:52:01
briefly so you you are the person that is the closest to this case that I've had this level of interaction with what
00:52:10
would be your speculation as to what maybe Regina officer Regina Meeks might have
00:52:18
seen had she brushed off the mosquitoes and walked into the woods that night well I mean it's obviously speculation
00:52:29
um she wouldn't get out of the car to walk into the uh fast food restaurant and uh she could have at least at the
00:52:36
very least bagged up the toilet paper roll saturated with blood and and the sunglasses um but she told the manager
00:52:45
to throw them away and they were gone by the time that they they got there the next day and suddenly were interested
00:52:52
somehow again for reasons unknown that I can't prove other than what the testimony of the
00:52:58
officer was he says I just lost it how do you lose that I mean that that could be the most important evidence in
00:53:06
the case and how do you just lose something like that and and and the reason she wouldn't get out of her car
00:53:12
to walk into the woods is because if you've ever been to Arkansas in May um the mosquitoes are uh horrible they're
00:53:22
hungry and very hungry and um and several the officers stated that they quit searching because of the mosquitoes
00:53:32
but potentially could have seen well they could have seen bodies floating you know whoever dumped those bodies there
00:53:40
and you know one person could have with with those liers uh carried a kid that weighed 50
00:53:46
lbs in each hand and Carri two of them at once and dump them in of course they make this big deal about the clothes
00:53:54
being stuck in the mud after all the things they've said that weren't true how do you believe them on
00:54:01
that of course they did everything wrong at the crime scene they they didn't drain the water first they they felt
00:54:09
around and after they removed the bodies but they should have drained it before they lifted the bodies out but but but
00:54:17
instead they trampled it before they did the right thing so I mean it was out of
00:54:20
their league and just like this case was out of my league in 1993 and uh but I'd love to have the chance
00:54:29
to try it again but the offered plea has deprived me of that so do you think that
00:54:35
that that it's one killer or multiple Killers well if you if you believe the handle Theory I mean I've never tested
00:54:42
it but I mean it seems logical you know cuz if you're if you're a truck driver the last thing you want
00:54:50
to do is dump the body somewhere other than nearby because you don't want be pulled over three dead
00:54:58
8-year-olds in the back of your truck um so that's why that uh it was a dumpsite
00:55:05
um and also you'd want to be getting the heck out of there before they were found
00:55:10
so you could get to the next Blue bacon truck war and clean out your truck yeah and disappear into you only need them to
00:55:18
be concealed long enough for you to get at a do exactly exactly you know Terry hobbs' Alibi is weird and yep suspicious
00:55:27
to say the least but again until we have some evidence that a prosecutor would actually use to prosecute um it's not
00:55:38
going to happen and and the sad truth of the matter is even if they did prosecute
00:55:44
him it doesn't mean that it's an automatic exoneration or pardon from Memphis 3 they're already out of prison
00:55:53
so even if they found the right guy and and corroborated the confession or corroborated through DNA or whatever uh
00:56:01
and nobody has the ambition to do that every the authorities here in Arkansas think this is a closed deal and that's
00:56:10
why I wrote the book so that I could reopen the case uh to some extent and uh get people's minds thinking I had two
00:56:20
retired FBI profilers visit with me at the crime scene uh and they both agreed that this was a serial killer lust crime
00:56:30
because of the being adjacent to the U crime scene the the truck warh and the truck stop and I know John Douglas's
00:56:39
theory is different I think he's a firm believer that somebody these kids knew were responsible and and he's he's a
00:56:48
much better profiler than I am I uh I when I got called to quano I turned turned it down uh sometimes I
00:56:57
wish I hadn't uh cuz my life would have been dramatically different now I'll give you one last question and I'll let
00:57:04
you go judge and and I so appreciate your time tonight and thank you for all of your insights into this case I know
00:57:11
that the audience is going to enjoy it and even more reason for them to go out and pick up the book but a a question
00:57:18
that that constantly comes up in this case is there's several eyewitness in the neighborhood with the young boys
00:57:29
that say that you know at times when they were kind of running through the neighborhood and having a good old time
00:57:38
Christopher Stevie and Michael that they were spotted with a fourth boy I anything that you've reviewed in this
00:57:48
case or your investigation was that fourth child ever identified I believe the closest that we anybody's ever come
00:57:57
to uh finding out who that was was Aaron Hutchinson that it might have been Aaron
00:58:03
Hutchinson and then he he had departed from the group before probably that 6:30 timeline well I don't think so that day
00:58:14
I think that mother Victoria had moved into a different school district and so I think
00:58:23
that they hadn't been friends in a while but used to be close friends but it had
00:58:29
been quite some time since they had hung out and and uh not they weren't in the same school district anymore and so that
00:58:38
that fourth child that that may have been hanging out briefly with the boys that evening as far as we know has not
00:58:47
been fully identified or could be a Mis you know misremembering by well I'll be honest
00:58:54
with you and this is a 32y old memory um I don't recall there ever been a mention
00:59:01
of a fourth boy other than Aaron hutchesson making the claim that uh he witnessed the murders from their Fort
00:59:09
that they had built in the patch of woods but there was no Fort um even the prosecutors were skeptical enough not to
00:59:16
call him to the stand in fact they they hid him out so nobody else could exactly
00:59:21
exactly because the things he was saying was so Fantastical they didn't make it any sense at all I mean at all so judge
00:59:28
SDM I appreciate your time this evening it's been a fascinating conversation the
00:59:33
book is the best book about this case since uh Mar leverett's book in 2002 it's a must it's a must own it's a must
00:59:43
read for everybody out there that has been intrigued about this case all of these years later and I appreciate your
00:59:51
cander and your optimism that maybe that we could find who was in fact responsible one day well if I may end on
01:00:01
with two quotes one being Churchill is and became my Mantra throughout this entire process was never ever ever give
01:00:09
up perseverance does pay off in the end no there's no question about that John Douglas told me to find the artist look
01:00:19
at the artwork West Memphis 3est [Music] 3 Damen Eckles Jason Baldwin Jesse Miss
01:00:35
Kelly West Memphis [Music] 3 they were just 8 years old Steven Branch Michael Moore and Christopher
01:00:45
buers found murdered hog tied and naked in a drainage ditch in West Memphis West
01:00:51
Memphis 3 the state stands behind the [Music] convictions West Memphis 3 West Memphis 3
01:01:26
[Music] West Memphis

Badges

This episode stands out for the following:

  • 70
    Most heartbreaking
  • 70
    Best concept / idea
  • 70
    Biggest cultural impact
  • 65
    Most intense

Episode Highlights

  • Adoption Awareness
    More than 113,000 children are waiting to be adopted from foster care.
    “You can help by visiting dave Thomas foundation.org.”
    @ 00m 31s
    May 08, 2024
  • The West Memphis Three
    The state stands behind the conviction despite a lack of evidence.
    “I was stunned when they came back with a guilty verdict.”
    @ 02m 55s
    May 08, 2024
  • The Impact of the Satanic Panic
    The satanic panic influenced the prosecution's approach to the case.
    “The satanic panic was a nuclear bomb going off in the courtroom.”
    @ 06m 21s
    May 08, 2024
  • The Evidence Room Mystery
    The evidence room's history is filled with bizarre stories of lost evidence, raising questions about accountability.
    “Their first story was the evidence was lost in a flood.”
    @ 24m 31s
    May 08, 2024
  • Confessions and Convictions
    Jesse Miss Kelly's confessions raise doubts about their validity, especially in court.
    “He never was willing to do it in court when he was offered deals.”
    @ 31m 40s
    May 08, 2024
  • Terry Hobbs Under Suspicion
    Despite evidence against him, doubts linger about Terry Hobbs' involvement in the murders.
    “There's more evidence against Terry Hobbs than any of the West Memphis 3.”
    @ 45m 20s
    May 08, 2024
  • The Importance of Evidence
    A critical piece of evidence was lost, impacting the investigation's integrity.
    “How do you lose something like that?”
    @ 53m 04s
    May 08, 2024
  • Speculation on the Case
    Discussion on the possibility of multiple killers and the challenges of the investigation.
    “If you're a truck driver, the last thing you want to do is dump the body.”
    @ 54m 48s
    May 08, 2024
  • The Fourth Boy Mystery
    The identity of a fourth boy seen with the victims remains unclear and speculative.
    “The fourth child has not been fully identified.”
    @ 58m 43s
    May 08, 2024

Episode Quotes

  • The satanic panic was a nuclear bomb going off in the courtroom.
    West Memphis 3 /// A Harvest of Innocence /// Part 2
  • He toyed with the cops and asked them what the killer would be thinking.
    West Memphis 3 /// A Harvest of Innocence /// Part 2
  • They will not accept the fact that these kids didn't do it.
    West Memphis 3 /// A Harvest of Innocence /// Part 2
  • He couldn't lie in court because mentally handicapped people think that's a mortal sin.
    West Memphis 3 /// A Harvest of Innocence /// Part 2
  • There's more evidence against Terry Hobbs than any of the West Memphis 3.
    West Memphis 3 /// A Harvest of Innocence /// Part 2
  • Never ever ever give up; perseverance does pay off in the end.
    West Memphis 3 /// A Harvest of Innocence /// Part 2

Key Moments

  • Foster Care Awareness00:34
  • West Memphis Case01:22
  • Trial Verdict02:55
  • Satanic Panic06:21
  • Evidence Room Issues24:31
  • Confession Controversy31:40
  • Terry Hobbs Suspicion45:20
  • Lost Evidence53:04

Words per Minute Over Time

Vibes Breakdown